• Two member complained about roof leaks. Action took notes to resolve the issues.
• A member asked about having the HOA janitorial service sweep the walkways. The Board told the member that this will be part of the new contract starting in January.
• A member asked about the status of the order for pool furniture. It is in the process of being ordered. Costs are less for ordering off season.
• A member asked about the patio shades. Board Mary Williams stated that only free standing shades are allowed. The HOA does not allows any rollup or hanging shades. Discipline letters have been sent to property owners who are in violation.
• Property owner Aimee Rosendahl brought to the attention of the Board a recent bottom floor two bedroom “For Sale” unit where a load being wall was altered between the kitchen and dinning room. No architectural request had been submitted. Nor was a City permit pulled or an inspected performed. If alterations to units are approved and city and engineer inspected, the same options would be allowed to ALL owners. All violations need to be approved or corrected by the appropriate parties to protect the association.
• A member complained that she is going through a second set of tires on her vehicle because of the poor condition of her parking space. The Board said they have no money to go forward with repairs.

• Michael Huma has assumed the spokesperson position for the Landscaping Committee. He stated that he has scheduled a walk-thru of the property with landscaper and the Committee at the end of the week. He asked if anyone had any ideas for plantings in the areas where there is only mulch. It was suggested that members actually do voluntary planting and provide their own foilage. Michael Mengel said that Harbour Vista is over planted. This has created a lot of dry rot issues.
• The Parking Committee submitted no report. The spokesperson Ray Koagel was not in attendance.
• Mary Williams stated that she was waiting for the Board to get back to her on the "Rules and Regulations" from her committee.
• The Architectural Committee spokesperson Michael Barto had no requests submitted this month. But as a following to the discussion“for sales” unit, he stated that he had visited this unit during an open house. Not only did he observer the partial removed load bearing wall, but speakers had been installed in the ceiling of this bottom floor unit, the heater had been removed and replaced with in-wall heaters in each room. With no permits on record, there is concern about sound proofing and heater/electrical overload. There is a major issue at Harbour Vista with “wildcat remodeling projected". Yet the HOA has not approved or issued any Architecture Guidelines as required by Davis-Sterling. Michael continued that the Architectural Committee had submitted Guidelines in May to the Board. The Board has still not approved them to be sent to HOA legal council for review. This is also true for the “Rules and Regulations”, and “Parking Rules and Regulations”
  

• The Board approved sending the “Architectural Guidelines, Rules and Regulations”, and “Parking Rules and Regulations” as they stand to Action Property Managements Legal council for review. Pending any major change, these documents should be ready for approval at the December HOA meeting for distribution to the members.
• Approval of a Fire Alarm Monitoring/Replacement Fire Panel system was again tabled. 

• The Board discussed purchasing a new “call box” system for the three Harbour Vista electronic gates at for approximately $7000.
• Funding for Audit and Tax Preparation was approved.
• Humburg and Associated Wood repair proposal was tabled until they finish the current wood repair projects.

• A member discussed an issues of a full trash can of pet feces located at the car wash area (Cabana) that was not being emptied. The Board stated that the janitor service will be informed to emptying it in the future. They probably did not know it was even there or their responsibility.
• The Rosendahls asked when and if the board was willing to meet with them to avoid further legal expenses for either party. Mike Mengel said he would not discuss anything in open session but they could stay after in executive session.
• A member asked about an electrical power failure to a set of garages on Blackbeard when the resolution took almost three days which included over the weekend. An issue was raised that the Property Management Company did not realize that this was an emergency going over the weekend, it was eventually discovered that a breaker had been tripped. Unfortunately the lock had been replaced with a non-Edison lock with no key available. President Mike Mengle had to personally cut the lock on Sunday to be able to restore power.

• The Architectural Committee spokesperson [email protected] had no requests submitted this month. Board member Terri-Piper Johnson, asked why the Architectural Guidelines had not been approved and distributed to the members. They were finalized in May. Mike Mengle stated that the Emergency Executive Architectural Committee Meeting held July 6th, that he had announced that the attorney had returned the Guidelines with some minor corrections, so there is nothing preventing them from being approved and distributed which will be on the agenda for the November 28 HOA meeting.
• Treasurer Mary Williams resigned as Chairperson of the Landscaping Committee. Terri-Piper Johnson assumed the chair and will take over the responsibilities of the monthly walk through's.
• The Parking Committee submitted no report. The spokesperson was not in attendance. The Board announced that new parking signs will be posted which will allow citations to be issued and vehicles towed.
• Mary Williams described the workings of an “unofficial Rules and Regulation committee” consisted of herself and HOA member Cynthia Lee. It was decided to change the hours of the pool areas from 12midnight to 11pm.

• Fire Alarm panel replacement proposal was again tabled.
• Pool Furniture Proposals was approved.
• The Draft Reserve Study was approved

1. HOA can declare a “special assessment” to the membership up to 5% of the current fiscal year's budgeted expenses without membership approval. Civ. Code §5605[b].
2. The Harbour Vista Newsletter developed and published in January of this year "The Unofficial Architectural Guidelines" These Guidelines are not much different than what the Board will approve when they get around to doing it.

• The Rosendahls, the members with the judgement against them for "not obtaining permission" for their remodeling project stated that their bankruptcy attorney had told them to formally requesting a meeting with the Board in "Emergency Executive Session" to discussion settlement.
• A member informed the Board that the elevator plastic light covers in her building (4861 Lago) had fallen and hit her and another resident. The Board asked if she had filed a repair work order with Action Property Management. The member said she was unaware that she needed to do this. Community Manager Peggy Shaw promised to file a maintenance report on behalf of the homeowners in that Building.

• The Architectural Committee submitted no report. HOA Secretary Terry-Piper Johnson asked when the Architectural Guidelines were going to be published? HOA Treasurer Mary Williams state that she has been too busy updating the Rules and Regulation to work on them. HOA President Mike Mengel said he want our HOA legal council to approve the verbiage. Terri asked that everything be approved at the next meeting.
• Treasurer Mary Williams, the Chairman of the Landscaping Committee, stated that new landscaping company Bemus will start putting in more mulch when they start October 1.
• The Parking Committee submitted no report. President Mike Mengel stated that the Board is making minor changes to rules regarding storing excess vehicles for residents who own three or more vehicles. 
• Mary Williams discussed minor changes to the Rules and Regulation from the ad hoc committee of herself and former HOA Secretary Cindy Lee.
  • Pool hours to be shortened (too long and too noisy during week days and weekends).
  • no smoking rule will be enforced at the pool area.
  This needs to be approved by legal, and then will send out to members for 30 days to comment before being enforced.
  

• Fire Alarm Monitoring/Replacement Panel Proposal with two bids was tabled until a third bid will be received.
• Pool Furniture proposals were tabled till end of summer to take inventory. 

• Homeowner Jim Gregg asked why the HOA refused to pay the total amount for his kitchen repair. See June 2016 HOA Meeting and Kitchen Sink. They had excluded the sink, garbage disposal and facets. He said that he has no choice but to file in Small Claims for the remaining amount. He asked why the Board does not use their insurance company to resolve the issues? The Board stated that it was because they are afraid the premium will go up or the policy will be cancelled. He asked why the Board did not go after the plumber Scott English Plumbing for negligence (Civ. Code §1714). The Board stated that Scott English told them that they were not responsible because the pipes were old.
  
  Jim provide the Board with photos that showed that the plumber had weakened the pipes while working in the area where the leak occurred. Both the members present and the Board complained about the workmanship of Scott English Plumbing. A slab leak in another unit had a complaint letters issued by the City of Huntington Beach to the contractor, Action Property Management and the HOA for the shoddy workmanship that did not meet code. Scott English had never obtained City permits. The Board stated that they were no longer using this plumber. 
  
  Member Aime Rosendahl who is in construction, asked why the HOA did not file a complaint with the State Licensing Board for the damages to Jim ’s kitchen. The State Licensing Board would properly investigate the claim and go against the contractors license and bond to pay back for all the damages to the HOA and to Jim Gregg. The Board directed Peggy Shaw to file a complaint with the State Licensing Agency against Scott English.
  
  Jim asked why there is no protocol for the commonly occurring slab leaks at Harbour Vista. The Board stated that they process these issues on a case-by-case basis.
• Another member told about his current slab leak where mold has been discovered. Because of HOA inaction or about a year, he has been living in half a unit. He was fed up. The Board stated that they are discussing this in following Executive Session.
• Homeowner Michael Barto expressed complaints about the HOA finances deficit. He pointed out that the HOA had spent more than $100K which has run the HOA in the red for a legal judgement with no damages against the homeowner Rosendahl’s because “they did not ask for permission”. He pointed out on a recent walk through of the complex with another member, many other remodeling projects were observed that had no permission. He wanted to know why the Board felt that it was so important to go after this one homeowner, go for a trial and not work with them. Previously, the Board had stated that the reason was "this homeowner would not back down". He asked the Board to provide a specific example. The Board refused to provide an example because of Executive Session Privilege.
  
  Michael Barto stated that more HOA funds are still being spent to abuse this one homeowner. Money the HOA does not have which most likely will raise every member’s assessments.
  
  Board Member and Secretary Terri Piper-Johnson publicly stated that she will not support any more money being spend on any more legal action against this homeowner. The judgement has been awarded and a lien has been placed.

• Grunion Boiler replacement was approved.
• The Board awarded a new Landscaper award to Bemus Landscapers, Inc.

• The Pool Furniture Proposal was approved
• An Alarm Monitoring/Replacement Fire Panels proposal was approved.

• A concern was raised by a member about his parking spot being too close to the trash enclosure gate which was denting his car.
• Two members complained about Scott English plumber for turning off the water at the main line and not knowing how to turn on/off the boilers.
• The Rosendahls who were sued by the HOA, for "not asking for permission" asked when the HOA Board will provide official clarification to the HOA’s requirements for: special homeowners insurance for their remodeling project, requirements for approved floor sound proofing materials and installation.

• Grunion Boiler replacement was again tabled.
• Clubhouse Chairs Upholstery was again tabled.

• Artistic landscaping proposal was tabled.
• 16551 Grunion concrete replacement was approved.
• Ordering of new Speed Limit Signs were approved.
• A boiler check valve replacement was approved.
• Two wood repair items were approved and one deferred
• Janitorial proposal was approved which will include the hallways.
• Renewal of HOA Insurance was approved.

1. The Rosendahls were sued by the HOA for breach of contract for "not asking for permission". This resulted in an expensive trial and a judgement awarded in favor of the HOA. The HOA legal action has prevented the Rosendahls from living in their unit for over a year. The original complaint started because neighbors complained about noise during their construction.
2. The HOA has been running an operating funds deficit since December 2015 which has steadily been increasing. Most of it is contributed to the legal expense council and a trial.
3. Members of the Architectural Committee do not remember an architectural application or a vote for Mary Williams’s air conditioning pilot at the meeting July 6th. But it was announced at the June General HOA meeting, that Mary Williams would assume the air conditioning pilot when the rules were suspended by the Board. See Architectural Committee Highlights and June HOA Meeting Highlights.

• It was asked who is responsible for sweeping the outside one bedroom hallways. The Board stated that no vendor is assigned to do it. Other members said that most the time they do it themselves.
• Again the complaints were heard about the poor quality of the landscaping service.
  
• Complaints were expressed about dog feces left on the property. Residents should identify perpetrators and report them to Action Property Management.
  
• A member complained about the shabbiness roadways and parking spaces. There is not enough money at this time for repairs. See “The Parking Lot is Crumbling (October 23, 2013)“.
  
• The Board said that it was alright for a homeowner to power wash a dirty drop down of an upstairs balcony in their building.
  
• A member informed the Board that two properties for sale had been put on hold because the financing had been withdrawn. The first property was declined because of the litigation. The second property was declined because of operating fund large deficit. 
  
• This member asked that something be done to open negotiations to extend the land lease (expires 2041). As the Harbour Vista land lease gets close to the 20 year mark, financing will become more difficult. 

Image of repair in progress. Countertop was left propped up for about six months waiting for decision to be made.

• Grunion Boiler replacement was tabled.
  
• Clubhouse Chairs Upholstery was tabled.

• Artistic landscaping proposal was approved 
  
• Installation of some more Thumb latch locks for the entrance gates was approved.
  
• A Bank CD for the HOA was approved to be cashed in to pay for the balcony repair.

• The Board is developing new Charters for the Committees.
• The pond on the Grunion side of the complex is leaking. (This has been repaired)

• A member asked how many law suites are currently active with the HOA. The HOA said there are none at this time. The litigation with a three bedroom Logo homeowner remodeling project was resolved with a judgement in favor of the HOA. There is no other litigation currently active.
• A member complimented the board on the recent sidewalk repairs.
• Complaints were express about the poor quality of landscaping work.

• Architecture Committee
  The Spokesperson Michael Barto reported that the Architectural Committee had approved two requested. One for a retrofit vinyl windows and the other for pilot project to installed an air conditioning system. During this meeting, the member who wanted to install the air condition system asked that his application be withdrawn. Board member Mary Williams said that she would like to go forward with an air conditioner system for her unit and asked to become the pilot. This was accepted. The spokesperson requested that the board vote to temporarily suspend the section in the HOA Rules and Regulations that prohibit the installation of an air conditioner. This was approved.
  
  The board stated that they wanted a more thorough investigation of windows shades. Architectural committee member Terri-Piper Johnson volunteered to take the lead.
• Parking Committee
  After four months of work, and three public meetings, the parking committee spokesperson Ray Koagel submitted new parking polities to the board for ratification. Board member Ted LaMantia stated that he had looked at the proposal and wanted some changes.

• The Board asked that replacement of patio furniture be delegated to an Ad Hoc Committee probably through the architectural committee.
• Grunion Boiler replacement was tabled.

• Clubhouse furniture upholstery was tabled.
• An Insurance claim/settlement was tabled. No explanation was provided about this item.
• Scott English Plumbing proposal was tabled.
• Replacement of Janitorial Services was tabled.
• An HOA bank CD was approved for roll over.

• This reporter is requesting a written explanation from the Board to be mailed out to all members  as to why the HOA was spent over 100K in one year for litigation for one homeowner’s remodeling project:
  • Why was such extreme  action required?
  • What warnings should members take away from this action?
  • What are the estimates for ongoing legal expenses for the collection of this judgement?
  The Board stated that the defendants would not back down. Eventually the HOA would get reimbursed for the money spent on this litigation.
• This reporter requested that the HOA remove the “primary address” restriction for holding a position on the Board. The recent HOA Appraisal (on the Vivo Web Site) showed that only 50% of the members could meet this qualification. One member expressed concern that he did not think it was a good idea to have “investors” serve on the Board. 
• A new homeowner explained that she had spend more than a $100 to replace her mailbox lock. The Board stated that the locks could be obtained from both the Post Office and Home Depot and were easy to install.
• With the judgement awarded to the HOA, this homeowner asked why the HOA is refusing to meet with them to clarify the remodeling requirements to make their unit livable. The Board stated that this was in the hands of the Court.  This member took issue with this. See Note2.

• The replacement of Patio Furniture was again deferred. 
• The replacement of a Grunion Boiler was tabled. Many questions need to be answered.

• The Draft Audit was approved.
• Funding for the yearly Reserve Study was approved. This audit will require an on-site visit for this year.
• A replacement for a Grunion Mailbox set was approved.
• Four liens were approved.

Notes:

1. At the following Executive Session, Mike Huma was assigned a position of “Member at Large”. This will be in place for the remaining term.  There are now two “Members at Large”: Mary Williams and Mike Huma. Mike Mengel and Mary Williams will act concurrently for Treasurer's signing privileges through the remaining term because they are familiar with the vendors. 
2. A couple of days after this meeting, the HOA decided to scheduled a meeting with the homeowner to clarify the remodeling requirements with the HOA Legal Council. 
3. The Architectural Commitee has schedule an open meeting on May 11, 2016 starting at 6:30pm at the Cabana Clubhouse

• A new homeowner was concerned about removal of a satellite dish and the stucco repair responsibilities at his unit. It was suggested that an HOA contractor evaluate the issue.
• With the trial completed and a judgement issued, the homeowner, who has been prevented from living in their unit, asked if 1/4 " cork acoustic underpayment was acceptable sound proofing for laying tile. The homeowner needs to finish their floor so they can move in. The Board said that they would get back to them as quickly as possible.
• A homeowner asked the Board when are Building permits required. Specifically, was a building permit required to replace a garbage disposal. Architectural Committee Spokesperson Michael Barto said the answer was no. It was suggested that an exemption list be developed and distributed to the HOA members. See  “Unofficial Architectural Guidelines”.
• Because HOA elections will start in three months, a member asked if any of the current Board members had decided to run again. Mike Mengel said he had not yet decided. But he assured everyone that this Board would provide timely notice of their intention prior to nomination deadline. See note below.
• A member asked about the negotiation status for a 15 year land lease extension (from 2041 to 2056). The Board stated that negotiations are still on hold as they have been for the last three years. The Board explained that even if an agreement was reached, this must be approved by all the members. This is difficult to obtain.
• A member asked about repairing the parking spaces and driveways. The Board stated that this would most likely require a special assessment which a large majority of the members must approve. See a 2013 Editorial “The Parking Lot is Crumbling”

• Architecture Committee
  The Architecture Committee had recommended that beige color retrofit vinyl windows be added as an acceptable color option. But the Board overruled this decision and wants no additional colors for windows to be accepted.
  
  The Architecture Committee expressed concerns that their Charter does not state that the committee has any responsibility for approval on any interior remodeling whereas the CC&R’s Section 8.05 clearly say they do. The Charter should be revised to reflect this authority to not confuse the membership.
• Parking Committee
  The Parking Committee is proposing to reassign some unused areas as Visitor Parking Spaces. This will require approval by the Fire Department.
• Landscaping Committee
  The Landscaping Committee is in the process of authorizing removal of a tree whose roots have impacted a unit's patio flooring.
  

• Replacement of Patio Furniture was again deferred.
• The Artistic Maintenance tree removal proposal was approved at the 16581 Grunion Building.

• Wood repair was approved for all of the Grunion Buildings.
• A Grunion Light Pole replacement was approved.
• Scott English Plumbing proposal was tabled.
• Replacement of Janitorial Services was tabled.
• Two liens were approved.

1. The previous Board waited until the written nominating closing date to announce that three members were not running. The Secretary had resigned several months before and vacancy had not been filled. This created a "panic" to fill four open positions with an official ballot that listed only one candidate. This prompted the “write-in” campaign that resulted in this present board.
2. Only members whose name is registered on the deed and whose primary address is at Harbour Vista can serve on the Board. Also, if the members property is own through a trust, this does not meet the deed requirement.
3. Beige vinyl windows blend with the HOA beige building walls as compared to the pop out effect of white or black vinyl windows.

• Members were concerned that when the water was restored to the buildings, hot water service would stop working. Scott English Plumbing stated that the boilers do not turn on correctly, requiring them to return to the property to restore the hot water system. This and other issues are being passed on to their management to improve their service.
• There were concerns for the members regarding brown water appearing when the services are restored for the Grunion Side (Phase II). One homeowner stated that her white towels came out of her washing machine with brown stains. This was attributed to a new drought conservation policy imposed by the City cutting back on the number of times the water flushed at the Fire Hydrants. This is causing more sediment to transfer into our water system when it is restored. The plumber has been asking residents to flush their unit water systems by running their faucets for about an hour after a building water service is restored. The Board raised concerns that Harbour Vista’s monthly water bill is increasing.
• It was asked if the three week water leak at the Lago gate was an indication that Harbour Vista plumbing system has major deterioration problem. Scott English explained that many pin hole leaks were evident on the length of PVC pipe that was finally replaced to fix this leak. But PVC pipe does not normally deteriorate.
• Scott English Plumbing stated that Harbour Vista was not any worse than any other Association and our issues are not unique to our plumbing system or its age.

• Some members raised a concern about reeds in some of the ponds. They restrict flow and create stagnant water. The Board is working to get this fixed.
• A homeowner told the Board that paint is coming off a recent balcony repair. The Property Management is contacting the vendor.
• A homeowner wanted to know if the HOA was still using the BugMan for termite issue. The BugMan has a contract with the HOA. The Board reiterated that members are responsible for any termite issue inside their units. The HOA is only responsible for outside damage and the common areas which include exclusive use common areas such as the attics space in the top floor units.

• Both wood and roof repairs were approved from last month meeting.
  
• Replacement of Patio Furniture was deferred, again.
• A Landscaping Proposal was deferred.

• A proposal for repair Concrete was approved.
• A proposal for repair of bridges was tabled.
• A light pole replacement was approved for one of the Grunion Buildings.
• • Proposals for repairs of wood, roof and drywall was tabled.

Two liens were approved. The next meeting of the HOA will be March 28th at 6:30m in the Cabana Clubhouse.■

• Slider Balcony Door repair was approved.
• One Patio Deck Repair because of Dry Rot.
• Three deck handrail repairs.
• Roof gutter repair for all buildings.
• A dryer vent clean out.
• Stucco Repair.
  

1. Harbour Vista News for many years has had posted a Water Shutoff Procedure which was written by a former HOA Board member and the current plumbing company at the time.
2. The history of the Emergency Water Shutoff, has several conflicting reports. Needless to say this is what was implied at the Board meeting and may not be the actual history behine it.